Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 159) sur la réadaptation professionnelle et l'emploi des personnes handicapées, 1983 - Tchéquie (Ratification: 1993)

Autre commentaire sur C159

Demande directe

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Articles 2 and 3 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the adoption of Act No. 327/2017 Coll. during the reporting period, which entered into force on 1 January 2018 and amended the Employment Act to introduce the concept of a “sheltered labour market”. The Government points out that this amendment differentiates between the sheltered and open labour markets, which was previously not permitted under the Employment Act. The Government indicates that, pursuant to section 78 of the Employment Act, as amended, the sheltered labour market is limited to: employers who employ more than 50 per cent of persons with disabilities out of the total number of their work force and who have concluded a written agreement with the Labour Office which recognizes their status as an employer in the sheltered labour market. The statistics provided by the Government’s report show a continuous increase in the amount of funds spent to support the implementation of section 78, with 4,320,059.42 Czech koruna spent in 2015, compared with 8,406,392.75 koruna in 2020. The Government points out that the contributions that can be granted to employers for the employment of persons with disabilities have been redefined, renamed and differentiated into contributions to either the sheltered or open labour market. In this respect, the Committee notes the Government’s indication that the competent regional branch of the Labour Office of the Czech Republic (LO CR) can provide the employer, on the basis of his or her written request, with a range of active labour market policy contributions to support the employment of a person with a disability, including contributions: for the establishment of a job for a person with a disability (section 75 of the Employment Act); to cover operating costs incurred (section 76); and a contribution for the reservation of a socially useful job (section 113), intended for a person with a disability maintained on the register of jobseekers. The Government emphasizes that there is no legal right to receive these contributions, and that their provision and amounts are determined by the LO CR on the basis of an assessment of the employability of the person with a disability, according to the current situation on the labour market in the region and on the evaluation of the economy, efficiency and effectiveness of State budget spending on such contribution. In addition, the Committee notes the Government’s indication that the main tool used to increase the share of persons with disabilities in the open labour market is the quota requirement that obliges employers with more than 25 employees to ensure that at least 4 per cent of their total workforce are persons with disabilities. In addition, the Committee notes the project “Development of the system of support for the employment of persons with disabilities on the open labour market” (the person with disabilities employment project), which has been implemented by the Labour Office of the Czech Republic since 2017. The person with disabilities employment project aims to support the employment of persons with disabilities in the open labour market and promote the cooperation of stakeholders who are contributing to this goal. The Committee requests the Government to continue to provide detailed, updated information on the practical application of Articles 2 and 3 of the Convention, including statistics and relevant data, disaggregated as much as possible by age and sex, extracts from reports, studies and other documents concerning the nature, scope and impact of measures taken to implement a national policy on vocational rehabilitation and employment of persons with disabilities. In particular, the Committee requests the Government to provide updated information on the measures taken or envisaged to improve the share of persons with disabilities in the open labour market, including women, young persons and those belonging to disadvantaged groups that may be subjected to intersectional discrimination. The Committee also requests the Government to provide detailed updated information on the manner in which the amendments to the Employment Act establishing separate labour markets (sheltered and open) is given effect, and particularly on measures taken to ensure that the establishment of separate labour markets does not perpetuate social or economic exclusion of persons with disabilities.

Article 4. Equality of opportunity and treatment. The Committee notes the information provided by the Government in relation to measures implemented under the National Plan for the Support of Equal Opportunities for Persons with Disabilities (2015–2020) which, among other things, seek: to more closely link the education and employment systems, to facilitate the transition of young persons with disabilities from school to work; to increase the attention paid to active labour market measures developed and implemented for jobseekers with disabilities and employers who seek to recruit persons with disabilities; to address discrimination on the grounds of health; and to promote the employment of persons with disabilities in the public sector. The Committee notes the Government’s indication that these measures are implemented regardless of age, gender or the nature of the disability concerned. In addition, the Committee notes with interest that, in accordance with section 38 of Act No. 134/2016 on public procurement, employers recruiting persons with disabilities are favoured in public procurement processes. The Government does not, however, provide specific statistics of the results of the National Plan for the Support of Equal Opportunities for Persons with Disabilities (2015–2020). The Committee also notes the statistical information provided by the Government in relation to the participation of persons with disabilities in employment rehabilitation courses during the period 2015–2021, which show marked increases in the share of women with disabilities participating in these courses. Nevertheless, the Committee once again recalls that, in its concluding observations on the initial report submitted by the Czech Republic under the UN Convention on the Rights of Persons with Disabilities, the Committee on the Rights of Persons with Disabilities expressed its concerns regarding: the high unemployment rate of persons with disabilities, the higher rate of unemployment of women with disabilities as compared to men with disabilities, and the share of almost one-third of employed persons with disabilities who are working outside of the open labour market (CRPD/C/CZE/CO/1, 15 May 2015). The Committee also notes that the Government does not provide information on specific measures to increase the proportion of persons with disabilities belonging to disadvantaged groups, including persons from the Roma community, in employment and vocational rehabilitation and training. The Committee requests the Government to provide information on the renewal of the 2015–2020 National Plan, or any other policy, aiming at ensuring equality of opportunity and treatment in employment and vocational rehabilitation and training for workers with disabilities. In particular, the Committee requests the Government to provide specific information on measures, statistics, or data, regarding the effective implementation of such a National Plan or policy. In addition, the Committee reiterates its request that the Government include information on specific measures taken to increase the proportion of women with disabilities and persons with disabilities belonging to disadvantaged groups, including those from the Roma community, in employment and vocational rehabilitation and training.

Article 5. Consultation of the social partners. The Committee notes that representatives of employers were consulted in the process of amending the system of sheltered jobs. The Committee requests the Government to provide additional updated information regarding the content and outcome of consultations held with the social partners, as well as with representatives of and for persons with disabilities, as required under Article 5 of the Convention.

Article 9. Suitable trained and qualified staff. The Committee notes that, as part of the person with disabilities employment project, 99 employees were recruited to counsel persons with disabilities to assist them in securing employment in the open labour market. The Government adds that, during the project implementation from 2018 to May 2021, the counsellors placed 4,861 persons with disabilities in the open labour market and 2,856 persons in the sheltered labour market. The Committee also notes that during the reporting period, the Government built 7 new ergodiagnostics centres (EDCs), bringing the total number of EDCs operating in the country to 13. The Government points out that the EDC teams are interprofessional teams composed of a doctor, a physiotherapist, an occupational therapist, a psychologist, a speech therapist, a nurse, a special pedagogue, and a prosthetist, working in collaboration to provide employment rehabilitation services. The Committee requests the Government to continue to provide detailed updated information on the nature and scope of services available in terms of rehabilitation, vocational guidance, vocational training, placement and employment of persons with disabilities. It also requests the Government to provide statistical data, disaggregated by age and sex, on the impact of these services.